Tucson, AZ asked in Real Estate Law and Civil Rights for Arizona

Q: A friend of my dad's has been living in his house for more than 30 days. He passed recently and she won't move. Options?

My dad had agreed to let a friend of his stay with him short term. This turned into long term at around a year. She has been living rent free under my dads roof. About a month ago she became ill and was transported to a nursing facility where she remains presently. Around the same time my father became ill, was hospitalized and a few days ago, unfortunately passed away. Over the course of a few weeks leading up to this event I had reached out numerous times to the woman who was staying at my father's home and did not receive any reply. I do not want this woman, who I do not know and consider a stranger, living in my deceased father's home when she is released from the care facility. My dad did not, to my knowledge have a living will and his house and other assets will likely end up in probate. What options do I have?

Concerned Son

Related Topics:
1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: The first step is to contact a probate lawyer. The lawyer will determine if a probate is needed to administer your dad's estate. If so, he will assist you in obtaining the appointment of a personal representative. The personal representative will have the legal authority needed to evict your dad's tenant. Since this person has been living in the home for an extended period, it is likely that an eviction will be needed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.